LAWS(HPH)-2006-9-47

SHARDA DEVI Vs. CHANDER KALA

Decided On September 13, 2006
SHARDA DEVI Appellant
V/S
CHANDER KALA Respondents

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) PLAINTIFFS -respondents No.1 to 6 filed a suit seeking declaration that they were owners in possession of certain property, which they claimed was bequeathed to them by Seesh Ram, who was alleged to be husband of respondent No.1 and father of remaining respondents No.2 to 6. Relief of permanent prohibitory injunction was also sought restraining the present appellant- defendant Sharda Devi from causing any interference in the possession of the respondents-plaintiffs over the suit land, the description of which was given in the plaint.

(3.) TRIAL Court framed various issues on the pleadings of the parties and recorded the evidence of the parties. At the end of the trial, the Court found that both the Wills were not genuine but at the same time decreed the suit holding that the respondents-plaintiffs were the natural heirs of Seesh Ram, being his widow and children, and passed a decree declaring them as owners in possession of the suit property and restraining the appellant-defendant from causing any interference in their possession. Counterclaim filed by the appellant-defendant was dismissed.